PRADEEP KUMAR vs MADAN SINGH & ANR.

Judgment text excerpt

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 19th March, 2025 + CM(M) 118/2025 & CM APPL. 3523/2025 PRADEEP KUMAR .....Petitioner Through: Mr. Vijay Datt Gahtori, Advocate. versus MADAN SINGH & ANR. .....Respondent Through: Mr. Arun Kumar Yadav, Advcoate for R-1. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. This Court has gone through the order dated 20.01.2025 passed by the learned Predecessor Bench, which reads as under:- “1. This is a petition under Article 227 of the Constitution of India impugning the order dated 04.10.2024 passed by the learned District Judge- 11, Central Tis Hazari Court, Delhi in case titled as Pradeep Kumar Vs. Madan Singh and Anr. in CS DJ 16303/2016. 2. Petitioner is the plaintiff in the suit for possession filed against the respondent. 3. Perusal of the record reveals that petitioner examined one witness Smt. Janki Devi as PW-2 by filing her affidavit. However, during cross examination dated 28.03.2017 she turned hostile, and so much so she denied her signatures on the affidavit as well as on the documents. 4. Petitioner filed an application under Section 39 of the Bhartiya Sakshya Adhiniyam 2023 with a prayer to send the signed and executed documents to handwriting expert. 5. Such application was dismissed vide impugned order dated 04.10.2024 with cost of Rs. 10,000/-. 6. The trial court observed that the witness was examined in the year 2017, and that the application was filed 7 years thereafter while the case was at the stage of final arguments. Trial court rejected the bald submissions made by the petitioner that the plaintiff was unwell. 7. After part submissions, learned counsel seeks permission to withdraw the present petition. However, he prays for indulgence of this Signature Not Verified Dig